Gavel to Gavel

VISTA -- A state appeals court in San Diego has overturned the
36 robbery convictions of a San Diego man dubbed the "Fearless
Bandit" and believed to be responsible for stealing more than
$60,000 over three years from stores across the county, including
North County.

Benny Wayne Williams, 52, was sentenced in 1998 to 140 years to
life plus 129 years and eight months in state prison in connection
with a string of robberies between 1994 and 1997. Stores and
employees in San Marcos, Rancho Bernardo and Carmel Mountain Ranch
were among those victimized.

The appeals court ruled Sept. 13 that all of the convictions
must be overturned because a Superior Court judge wrongly denied
Williams' request to represent himself at his trial. The appeal's
court justices also ruled insufficient evidence exists to support
20 of the 36 robbery convictions because the alleged victims did
not have "actual or constructive possession" of the money that was
stolen.

The ruling mirrors an opinion the same justices -- Alex
McDonald, James McIntyre and Judith Haller -- issued in September
1999. The state Supreme Court reviewed that opinion and sent the
case back to the appeals court in May to reconsider the 1999 ruling
in light of three recent Supreme Court opinions.

The appellate justices concluded those rulings were not at odds
with their original findings in the Williams case.

Deputy Attorney General Randall Einhorn said he will ask the
appeals court to rehear the case. If that fails, another appeal to
the state Supreme Court is "likely," Einhorn said.

-- Scott Marshall

Accused bank robber to defend self

VISTA -- One of four people accused of kidnapping a Vista bank
manager, then forcing her to remove hundreds of thousands of
dollars from the bank, may represent himself at trial, a judge
ruled Tuesday.

But with Butler's agreement, the judge ordered an advisory
counsel appointed to assist him and she pushed the trial date back
to Jan. 7.

Butler and Robert Ortiz, both 26, Christopher Huggins, 27, and
Lisa Ramirez, 28, face life in prison if convicted of conspiracy,
kidnapping, robbery and handgun allegation charges, Deputy District
Attorney Joe Barend said.

Butler, convicted in 1997 of a robbery in Atlanta, also is
charged with using a handgun to rob a Blockbuster store Nov. 2 and
a Denny's restaurant Oct. 11.

The prosecution alleges Butler, Huggins, Ortiz and Ramirez
conspired in November to kidnap the bank manager and force her to
remove money from the Bank of America branch she managed.

Prosecutors also allege that the three male suspects broke into
the manager's Vista home, while Ramirez remained outside with a
two-way radio.

The bank manager, her 7-year-old daughter, and a roommate were
taken hostage. Their bodies were strapped with what looked like
dynamite, according to the prosecution.

-- City News Service

Gavel to Gavel is published regularly by the North County Times
to bring you the latest in criminal justice news. Contact legal
affairs reporters Kimberly Epler and Scott Marshall at (760)
739-6644 or (760) 631-6623 or kepler@nctimes.com or
smarshall@nctimes.com.